VLADIMIR LUKIN, RUSSIA'S PRAGMATIC HUMAN RIGHTS

C O N F I D E N T I A L SECTION 01 OF 02 MOSCOW 005377

SIPDIS

SIPDIS

E.O. 12958: DECL: 05/17/2016
TAGS: PGOV PHUM PINR PREL RS
SUBJECT: VLADIMIR LUKIN, RUSSIA'S PRAGMATIC HUMAN RIGHTS
OMBUDSMAN

REF: A. 04 MOSCOW 1794

B. MOSCOW 797

C. 05 MOSCOW 1028

Classified By: Ambassador William J. Burns. Reasons: 1.4 (B/D).


1. (C) SUMMARY: Russia's Human Rights Ombudsman Vladimir
Lukin will visit the U.S. May 23-26. A former diplomat (who
was once Russia's Ambassador in Washington) and Duma member
from the Yabloko Party, Lukin has had a mixed reputation in
Russia's human rights community. Many activists view him as
doing a better job than expected and acknowledge that he
remains among their few channels to Kremlin decisionmakers.
His office's recently-released report on Russia's human
rights situation in 2005 included strong criticism of the
government in important areas such as violence against
journalists and racial, ethnic, and religious minorities,
where Lukin believes his office can have some impact.
Lukin's U.S. visit will provide a good opportunity for
Washington officials to raise our human rights concerns and
discuss ways in which we might work constructively on
Russia's efforts to address them. END SUMMARY.
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A GOOD PEDIGREE
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2. (C) In February 2004 President Putin selected Vladimir
Lukin as Russia's Human Rights Ombudsman. Given his
background as a prominent Yabloko party politician and Duma
member, Lukin's appointment was welcomed by civil society
activists (ref A). Although some expressed concern about his
limited background in human rights issues, he got good
reviews for learning the issues quickly. Many activists also
saw improving the staff of the Ombudsman's office as an early
challenge for Lukin. He is seen as having made progress on
that front; Tatyana Lokshina of the Demos Center, for
instance, told us that Lukin and his immediate staff have
become helpful, even if much of the rest of the Ombudsman's
office remains relatively unresponsive.
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LUKIN'S ROLE AS OMBUDSMAN
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3. (SBU) Lukin's approach is often contrasted to that of Ella
Pamfilova, Chair of the Presidential Council on Promoting the
Development of Institutions of Civil Society and Human
Rights. Pamfilova is viewed as more outspoken and as more
actively helpful to many human rights activists, although
she, like Lukin, tries to put a positive face on many Putin
policies. Lukin's approach is seen as more cautious and
pragmatic. Yet many activists acknowledge that the
difference in approach also results at least in part from the
division of labor between them. Pamfilova and her Council
focus on broader policy issues, while Lukin's chief
responsibility is to address specific human rights
complaints. Lukin has told us that his office receives
approximately 40,000 complaints annually, about half related
to socio-economic problems and a third to law enforcement
abuses. Lukin's office also receives complaints regarding
pressure on the media and violence against ethnic, religious,
or racial minorities.


4. (C) In responding to complaints, Lukin utilizes both
private and public approaches. In contrast to Oleg Mironov,
his predecessor as ombudsman, Lukin regularly meets with
Putin. Lokshina told us Lukin tries to work behind the
scenes on some of the more sensitive human rights issues,
believing that will bring more results than high-profile
public criticism. Yet on occasion Lukin speaks out
forcefully, as in recent public statements on hazing in the
military and the recent upsurge in violent xenophobic
attacks. His remarks criticizing law enforcement organs for
their handling of xenophobia, as well as information from his
office's 2004 report, were cited by Amnesty International in
its own report on the issue.


5. (SBU) Lukin has used his annual report on human rights,
the 2005 edition of which he presented to Putin on April 21
(available online at
http://ombudsman.gov.ru/doc/ezdoc/05.shtml),to direct public
attention to some of his concerns. The report did not go
into depth on some issues, such as Chechnya, although even
there he identified it, "despite some stabilization," as a
continuing threat to people's lives both in and beyond
Chechnya, adding that "The spread of destructive processes to
the entire North Caucaus region brings special dangers with
it." His discussion of the implementation of socio-economic
"rights" relating, e.g., to costs of housing and utilities,
reflects an approach different from that of the U.S. but one
that has political resonance here. He also put clear
emphasis on some serious problems in the area of civil and

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political rights. In the section on freedom of speech, for
example, he stressed that the state controls some 90 percent
of the mass media and the public has problems with access to
objective information ("Unfortunately, the example of the
'Ekho Moskvy' radio station is no more than an exception" in
Russia's electronic media landscape). He also discussed the
problem of nationalism and xenophobia in Russia and
criticized law enforcement's response to the issue and noted
the public's lack of trust in the judiciary, underscoring
concerns with the objectivity of the courts in cases against
the authorities. He also highlighted serious human rights
problems in the military.


6. (SBU) We would call attention to several comments Lukin
made in the report that provide a good sense both of his
nuanced approach to his duties and some of his outspoken
criticism:

- "Political judgments are beyond the competence of the
Ombudsman. Nonetheless one cannot avoid directing attention
to the fact that the restructuring of the system of state
power that continued in 2005, which was explained in terms of
the growth of the extremist terrorist threat, did not meet
with full understanding in Russian society and was evaluated
by a part of the citizenry as entailing the destruction of
their constituional rights and freedoms. However, the
Constitutional Court of the Russian Federation did not agree
with those apprehensions."

- As a conclusion to the "General Assessment," Lukin said,
"All this gives grounds for cautious optimism with regard to
the mid- and long-term prospects for the establishment in
Russia of a socially responsible democratic state and a
mature civil society."

- "...representatives of political forces regarded as
oppositionist systematically encounter substantial hardships
in trying to communicate their point of view to the broad
public in the programs of federal television. Once again on
those channels one point of view is being generally asserted
with regard to what is happening in the country and the
world, and active discussion of current issues in our lives
is only weakly represented in live programming. This is a
harmful and dangerous tendency."


7. (C) Many human rights activists see Lukin as being
insufficiently critical of the Kremlin, but some of them,
such as Aleksandr Petrov of Human Rights Watch, tell us he is
doing a better job than expected. In addition, they
recognize that he remains among the few channels they have to
the authorities. Some note that his cautious approach
sometimes gives them an indication of what can realistically
be achieved on human rights issues.
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EMBASSY TIES
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8. (C) Lukin is a useful Embassy interlocutor on human rights
issues. In a January meeting with DRL A/S Lowenkron (ref B),
he voiced his concerns about the first draft of the
controversial NGO legislation and noted that his office had
seen an increase in complaints of human rights violations.
In a recent meeting, he urged USAID to work as much as
possible with other governments and to consult with relevant
GOR officials on USAID's more controversial projects. He
also suggested working on issues of concern to the GOR, such
as discrimination against persons with disabilities. He has
been an important interlocutor on broader issues, including
Russia's relations with its neighbors (ref C).
.
COMMENT
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9. (C) Lukin is not as outspokenly critical as many civil
society activists would like, but he is no "Kremlin stooge."
He has taken important stands -- both publicly and privately
-- on key human rights issues. He has good Kremlin access
and a well-developed sense of what is realistic in light of
Kremlin policies. His upcoming U.S. visit will provide an
excellent opportunity to exchange views with an official with
some ability to influence developments, and to discuss ways
in which we might work constructively on the human rights
situation in Russia.
BURNS